Federal Court of Australia
Federal Court of Australia
Rukuwai v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 157 Appeal from: Rukuwai v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 67
File number(s): NSD 153 of 2023
Judgment of: O'CALLAGHAN, GOODMAN AND KENNETT JJ
Date of judgment: 28 September 2023
Catchwords: MIGRATION – mandatory cancellation of visa under s 501(3A) of the Migration Act 1958 (Cth) – meaning of "family violence", "family" and "member of the person's family" in Direction no. 90 – Visa refusal and cancellation under section 501 and revocation of a mandatory cancellation of a visa under section 501CA considered – whether primary judge erred in dismissing appeal from Administrative Appeals Tribunal – appeal dismissed
Legislation: Criminal Code (Cth) s 474.17 Family Law Act 1975 (Cth) s 48(2) Migration Act 1958 (Cth) ss 5CB, 5F, 5G, 83, 243, 499, 501(3A), (6)(a), (7)(c), 501CA(4)(b)(ii) Migration Regulations 1995 (Cth) rr 1.12, 1.23 Direction no. 90 – Visa refusal and cancellation under section 501 and revocation of a mandatory cancellation of a visa under section 501CA
Cases cited: Comptroller-General of Customs v Pharm-A-Care Laboratories Pty Ltd (2020) 270 CLR 494 Deng v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2022) 293 FCR 509 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17; 96 ALJR 497
Division: General Division
Registry: New South Wales
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